Hot Topics in Informatics and Intellectual Property Law

Center for Intellectual Property Law and InnovationMcKinney School of Law

February 11, 2016Sara Anne Hook, M.B.A., J.D.

Professor and Program Director, Informatics Core, School of Informatics and Computing, IUPUI

Adjunct Professor of Law, Robert H. McKinney School of Law, Indiana University

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Today’s Program What is Informatics? What is Legal Informatics? Areas of Law at the Intersection of Law and Technology:

Electronic Discovery Cybersecurity

New and Emerging Technologies for the Practice of Law Challenges with New and Emerging Technologies:

Unauthorized Practice of Law (UPL) Law Firm Marketing and Advertising Intellectual Property Law Issues

The Future of Law Practice and How Informatics Can Help 2

History of Informatics Around the world First School of Informatics: University of Edinburgh,

Scotland Second School of Informatics: Indiana University, 2000 Since that time, other schools and programs

Some called School or College of Informatics, Northern Kentucky University College of Informatics

Some developed from Library Science or Information Science programs – the iSchools group http://www.ischools.org/

Some information technology programs have considerable overlap Informatics is found in other schools, such as Nursing Informatics

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What is Informatics? Understanding the impact technology has on people. The development of new uses for technology. The application of information technology in the context of

another field (legal informatics, health informatics). Informatics is a new field of study that gives students the

skills to apply information technology to another field -from health care to journalism to biology to economics.

“Informaticists” can then use technology to harness the power of information and make exciting new discoveries that make us more productive at home and at work.

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More Definitions A bridge between content areas/disciplines/fields of study

and the technology “X” informatics – with the X standing for any content area

of subject – music informatics, health informatics, bioinformatics, legal informatics, etc.

A unique curriculum that combines IT concepts with other areas of study, opening rewarding career opportunities for graduates.

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Our Undergraduate Programs

Bachelor’s degrees: Informatics: students choose an “area of

specialization” - one of these choices is legal informatics. Also includes 5-year BS/MS programs and a new B.S. to M.J. 5-year program.

Media Arts & Science Health Information Management Also undergraduate certificates in: Informatics Medical Coding

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Our Master’s Programs

Master’s degrees in: Bioinformatics Health informatics Human-Computer Interaction (HCI) Media Arts & Science Informatics with five specializations – including

Sports Analytics and Data Science Collaborations with other schools

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Our Doctoral Programs

PhD degrees in: Bioinformatics Health Informatics Human-Computer Interaction (HCI) Developing a PhD in Data Science

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Early Attempt at a Virtual Courthouse

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What is Legal Informatics? Legal informatics has been described as “the study of the

application of information technologies to the field of law and the use of these technologies by legal professionals.”

Therefore, the focus of the legal informatics area of specialization/certificate is on the effective use of cutting-edge technology in the study and practice of law.

Legal informatics also includes the law related to technology, such as intellectual property law, privacy and security.

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History of Legal Informatics Used infrequently – most notably in the countries of the

European Union and Japan In the U.S., “legal information technology” IT law/computer law versus IT applied to the practice of

law Jurimetrics Results of research paper I wrote in June 2004 University of Edinburgh School of Law Legal informatics IS NOT legal bibliography

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What About Career Opportunities? As law firms convert from a paper-based practice to a

practice using a full range of software, there are a considerable number of exciting career opportunities.

Responsibilities could encompass everything from setting up databases of documents for a trial to running all of the software to manage a law firm’s operational functions, such as time-keeping and billing.

Duties could also include preparing audio, visual and multimedia materials and presentations for accident reconstructions, criminal investigations and to explain the intricacies of machinery and high-tech inventions.

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What About Career Opportunities? Current openings in legal informatics may be found on the

websites for ILTA: http://careers.iltanet.org/jobs Prediction is that one of the hottest areas for law will be in

law + tech – in other words, someone with legal background and strong technology skills.

A student who pursues the legal informatics as an area of specialization may choose to continue his/her education by attending law school to become an attorney or by seeking the Masters of Jurisprudence (MJ) degree.

95% of UK law firms are undertaking major IT projects to increase efficiency.

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Courses in the Legal Informatics Area of Specialization/Certificate I350 Foundations in Legal Informatics – Fall (all types of hardware

and software used in a law practice and the courtroom) N480 Technology and the Law – Spring (covers intellectual

property law, contracts, employment agreements, licensing, rights of privacy and publicity issues)

I330 Legal and Social Informatics of Security – Spring (cybersecurity, including privacy issues)

I470 Litigation Support Systems and Courtroom Presentations (specialized software tools, especially SmartDraw) - Summer

I410 Electronic Discovery – Fall All courses are online 15 credit hours Free-standing or as part of a degree Undergraduate certificate, but all courses also available at graduate

level

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Examples of Student Work from INFO I470 Litigation Support Systems and Courtroom Presentations

Based on a real-world event – a slip and fall in a pharmacy.

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58' 7"

38' 1

"

58' 3"

38' 1

"

Pharmacy

Cosmetics

Cosmetics

Cosmetics

Photo Kiosk

DVD

Rent

al

DVD Rental

Froz

en T

reat

sDa

iry

Wine & Spirits

Alle

rgy/

Pain

Rel

ief

Snack Foods Pool

Sup

plie

s

Hom

e He

alth

Car

e

Hair

Care

Pro

duct

s

Drug StoreCashier

Stat

iona

ry/G

reet

ing

Card

sCa

ndy/

Gum

Clea

ning

Sup

plie

s

Offic

e/Sc

hool

Sup

plie

s

Groc

erie

s

Firs

t Aid

Beve

rage

s

Reading Glasses

Beve

rage

s

Groc

erie

s

Wine & Spirits

33' 8"

33' 0"

Toile

tries

Pape

r Su

pplie

s

Cand

y/Gu

m

Book

s/M

agaz

ines Gi

fts

Snack Foods

Gard

en

Toys

Suns

cree

n

2' 1"

2' 0"

Firs

t Aid

4' 0"

1' 8"

1' 9"

12' 4

"

32' 8

"

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A Year in the Life of Sally Jo Alexander

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 24 25 26 27 28 29 30 31 1 2 3

April May June July April

Ms. Alexandertrips and fallsat DrugMart Pharmacy

Still in pain.Returns tohospital.

Tests showbroken bone

andtorn ligaments

in left arm.Hospitalized

after armsurgery.

Still in pain.Visits hospital.X-rays show

3 fractured ribs.Also has a mildconcussion, and

badly bruisedand swollen

arms and legs.

Developspneumonia.

Kept inhospital

3 additionaldays.

Releasedfrom

hospital.

8 monthsafter

receivingthe bill, thePharmacyhas made

no attemptto pay.

Ms. Alexandervisits pharmacyand presents the

bill for herinjuries.

Manager saysthey will

"take care of it."

Photograph of arm

Photograph of arm

Photograph of leg

20122011

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Interior of DrugMart Pharmacy –Overhead View

ATM

N

Emer

genc

yEx

it O

nly

PHARMACY

CAND

Y

CAND

Y

Ms. Alexander's approximate path from the Pharmacy to the Candy Aisle

Approximatearea where

Ms. Alexanderlanded aftertripping &falling on

loose shelves

Illustration of DrugMart Pharmacy. All measurements in this and the illustrations to follow are approximate.

Looseshelvesstackedon floor

in middleof aisle

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A: End Rack B: End Rack

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Pharmacy Floor Plan

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Accident RecreationBeer

Soft Drinks

Wheel ChairTurningRadius

Lotto

Tobacco Products

Pharmacy

ATM

Magazines

Magazines

Magazines NewspapersMagazinesMagazinesMagazines

Phar

mac

y

Reg3

Reg1

Reg2

PhotoKiosk

Household

Make Up Prom

o

Prom

o Cards Stationary

Vitamins Prom

o

Prom

o

Cold Prom

o

Prom

o First Aid Toiletries

Candy Candy Prom

o

Prom

o AllergyPersonal

Care

Chips Chips Prom

o

Prom

o Cereal Bread

RXDrop Off

Hair Care

RXPi

ck U

pShelves

Plaintiff

Mgr.

StockPerson

Accident Description:

Plaintiff arrived at the pharmacy to pick up her prescription.She entered through the main entrance andcrossed the front of the store.She proceeded to walk toward the candy aisle.Upon turning up the aisle, she tripped over shelving unitswhich were placed on the floor.The fall resulted in the plaintiff's injuries. Plaintiff

Plaintiff

Plaintiff

X

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Event Timeline

January February March April May June July August September October November December January February MarchQ1 - 2010 Q2 - 2010 Q3 - 2010 Q4 - 2010 Q1 - 2011

4/24/10Fall at pharmacy

(2:30 pm) 4/26/10Hospital Visit

Bruising arms & legsX Ray

Fractured ribsConcussion

5/3/10Hospital Visit

X RaySeries of tests

Broken armTorn ligaments

5/3/10 - 5/9/10Admitted to hospital

SurgeryCaught pneumonia

6/9/10Revisit Pharmacy

Spoke with ManagerAssured medical expense

would be covered

2/9/11Filed suit against

pharmacy

1/31/11Medical expenses still

unpaid

Successful GraphicArtist

During Hospital stayLoses four freelance

accountsLoses more accounts

Hospital bills $58,965Lost income $42,000

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3D Animations Used as Evidence

Many companies provide this service. The one I always highlight is Demonstratives,

Inc., http://www.demonstratives.com/ Cases this company has worked on are: KSR v. Teleflex - animation was used at the

argument in front of the U.S. Supreme Court Uniloc v. Microsoft Affymetrix v. Illumina Sprint v. Vonage

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Technology in a Modern Courtroom… Means that law firms,

courts and other law-related organizations will need people who have appropriate training in legal informatics (law + tech).

Electronic discovery as an emerging area in law practice – at the intersection between legal informatics and records management.

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Intersection Between Informatics and Law Electronic discovery – IP law cases, amended FRCP

(proportionality), predictive coding, social media (ephemeral), wearable technology, Internet of Things

Law firm technology – Rule 1.1 on Competence and Comment Cybersecurity: legal, social, organizational, technological and

physical issues as well as privacy rights – Internet of Things/ wearable technology

Information Governance (Collection, preservation, accessibility of information/data) – for law firms and their clients. Information as a strategic asset.

Knowledge management – “big data”, data analytics and data visualization, “dark” data

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Challenge for Law Firms

The T-Shaped Lawyer – Nelson and Simek Quote from the State Bar of Michigan Solo and

Small Firm Institute on a law firm’s intellectual capital: 80% of a law firm’s “knowledge” is stored as non-

structured data, such as electronic documents and email. (Note: also referred to as “dark data”.)

If you can’t access it, you are giving it up. This is knowledge management.

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From the ABA Journal – June 2015

Nearly 70% of legal technology professionals expect their organizations’ investment in legal data analytics to increase over the next two years. Currently, 64% report using it for e-discovery 33% report using it for litigation management 29% report using it for information governance

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10 Hottest Alternative Legal Careers in 2016 – The National Jurist Compliance Legal Technology* Risk Management Intellectual Capital Management Contracts and Procurement Data Protection* Campus Administration Law Teaching and Training Mediation Insurance

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Other Hiring Predictions Information governance Predictive coding/electronic discovery Cybersecurity Privacy consulting Jobs with legal technology vendors Legal technologist Legal knowledge engineer Legal project manager Data Solutions Practice – Warner Norcross & Judd

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Each Step of the EDRM Can Benefit from the Technology

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EDRM: http://www.edrm.net/, accessed 2/10/16.

Legal Technology Comes Into Its Own: “The Triumvirate”

Professional Associations: International Legal Technology Association (ILTA)

Journals: Legal Tech News Conferences: ABA Tech Show, LegalTech,

ILTA conferences Education: Legal informatics, more

experiential learning using technology

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New and Emerging Technologies for the Practice of Law Casemaker, Fastcase, Google Scholar challenge the monopoly of Lexis

and WestLaw – also Ravel - https://www.ravellaw.com/ Heatmaps – for example, for predictive coding cases, heat map of

global risk Benchmarking of billing rates Venture capitalists now funding legal services/legal technology start-

ups – new generation of legal technology entrepreneurs Lex Machina – machine learning and natural language processing for

documents related to intellectual property cases – Mark Lemley at Stanford

Patent Board Ferret - http://www.patentboardferret.com/ Cloud computing – but security issues and see rules of professional

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Cont. Groupon Avvo, ZeekBeek – lawyer matching and marketing services Social media - “Gaggle on the Gavel” Diligence Engine – software that automates contract review Practice management systems – Clio Client Intake – Lexicata, Intake 123 and Rocket Matter

Intake Analytical tool to predict Supreme Court decisions PactSafe, Inc., CasePacer, ipAnalytx

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The Challenges of New and Emerging Technologies Unauthorized Practice of Law (UPL) – LegalZoom, trust mills,

immigration cases – grappling with the future of the legal profession and how to educate lawyers for the 21st century – because technology companies are now attempting to fill the gap

Law firm marketing and advertising – per the Indiana Rules of Professional Conduct – proposed revisions would remove all of the examples, with just a standard that the material not be “misleading”

Can technology assist with addressing the burgeoning problem of unserved and underserved citizens?

Can technology make the practice of law more efficient, so that it costs less (so that more people can afford it)?

Intellectual property law issues Virtual law practice – but what about licensure?

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The Future of Law Practice and How Informatics Can Help With This Big data, data analytics and data visualizations – for

internal law firm management and marketing as well as case analysis – already being used in IP/patent analysis

Electronic discovery systems and predictive coding 3D printing of demonstrative evidence Law firm website development, including usability testing Software tools for nearly any law firm function Mobile technologies and apps – but what about security? Cloud computing, outsourcing – but security and privacy

issues with this

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But Now for Something Completely Different…

3D Printing At the intersection of law and informatics: Intellectual property law issues Rules of evidence, civil procedure, etc.

My flute made with 3D printing The first thing my colleague asked was whether

there were any copyright concerns. Earlier project was The Virtual Early Flute. First project: Fiddler’s Fruit shoulder rests

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Legal Issues with 3D Printing Dasari, H. (2013). Assessing copyright protection and infringement

issues involved with 3D printing and scanning. AIPLA Quarterly Journal, 41 (2), 281-318.

Dillon, S. (2014). Infringement by blueprint: Protecting patent rights in a world of low-cost 3D printing. AIPLA Quarterly Journal, 42 (3), 426-458.

And also being used in litigation: Laird, L. Physical evidence: A Florida company offers 3D printing for demonstrative evidence. ABA Journal, Feb. 2015, p. 11. New companies being established to provide this service.

Xin, X. (2016). Patent eligibility of 3d-Printed Organs. AIPLA Quarterly Journal, 44 (1), 143-170.

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Attempts to Make Instruments Using 3D Printing 3D-Printed Cello: Video: Met Orchestra cellist performs 3D-printed

cello. The Strad (April 23, 2015), http://www.thestrad.com/cpt-latests/met-orchestra-cellist-performs-3d-printed-cello/ (last visited 2/10/16).

3D-Printed Violin: 2-string 3D printed violin to be revealed in New York. The Strad (March 9, 2015), http://www.thestrad.com/cpt-latests/2-string-3d-printed-violin-revealed-new-york/ (last visited 2/10/16).

3D-Printed Violin Bow: Student Creates 3D Violin Bow. The Strad (May 27, 2015), http://www.thestrad.com/cpt-latests/student-creates-3d-printed-violin-bow/ (last visited 2/10/16).

3D-Printed Guitar: http://www.odd.org.nz/atom.html (last visited 2/10/16)

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Roll over Stradivarius! A 3-D printed cello?!

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3D-Printed Violin: 2-string 3D printed violin to be revealed in New York

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3D Printed Guitar ($3500, includes case)

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From Baroque flute to 3D flute…

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Baroque Flute Iconography

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Famous Flute Performer: Frederick the Great (of Prussia)

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MakerBot

For More Information… School of Informatics and Computing, IUPUI, website:

http://soic.iupui.edu/ Legal Informatics website:

http://soic.iupui.edu/undergraduate/minors-certificates/legal-informatics/

For my biographical information, see http://soic.iupui.edu/people/sara-hook/

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Any Questions?

Thank you for attending today’s presentation! Have a great day!

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